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HomeMy WebLinkAbout2010-09-09 ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 32 Arcola Street, Map 29, Lot 13 Petitioner submitted the following with the application for hearing: nature and justification; plot plan and floor plans. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Kathy Xiuwen Mei, owner of the property, presented the petition. The applicant is requesting a special permit in accordance with section 135-32C to allow reconstruction after destruction of a non-conforming structure. Ms. Mei explained the deterioration of the stairs and the need to repair them. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:32 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to grant a special permit in accordance with section 135-32C to allow reconstruction after destruction of a non-conforming structure at 32 Arcola Street. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 9, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 45 Spring Street, Map 32, Lot 14 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations, floor plans, photographs and a petition of support signed by five abutters. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect Colin Smith presented the petition for the owners of the property, Anne Boese and David Sheehan. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 21 ft 2 inches instead of the required 30 ft front yard setback. Mr. Smith explained the applicant would like to remove the existing front stairs and replace the stairs with a larger 5 ft x 5 ft set of stairs. The proposed distance to the front lot line with the stairs would remain the same at 27.7 ft. The applicant is making the stairs larger by going to the side. Mr. Smith felt the topography of the land and where the house is situated on the lot justified a hardship for the variance. A Board member asked Mr. Smith to explain why the addition could not be added to the back of the house. There were construction access issues with going to the back and they would nd need to reconfigure the entire 2 floor of the house. One of the Board members asked Mr. Smith to explain the justification of the hardship. The lot is 50 ft wide and 400 ft long and has drainage and slope issues. BOA Meeting, September 9, 2010 3 The Chairman asked if there would be any trees removed. There will be 3 trees removed; they will still have 11 mature trees remaining in the front yard. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:44 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to approve a variance in accordance with the Zoning By-Law section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 21 ft 2 inches instead of the required 30 ft front yard setback at 45 Spring Street. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 9, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 498 Waltham Street, Map 24 Lot 98 Petitioner submitted the following with the application for hearing: justification of request; Topographic Plan; Plot Plan; Elevations and Floor Plans. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received the Zoning Administrator and the Design Advisory Committee. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Nancy Williams, owner of the property, presented the petition. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 27.7 ft instead of the required 30 ft front yard setback. Mrs. Williams explained the need for the repair of the front steps. She explained they would like to remove the existing front stairs and replace the stairs with a larger 5 ft by 5 ft set of stairs because of safety issues. The proposed distance to the front lot line with the stairs would remain the same at 27.7 ft. Mrs. Williams explained the hardship to be the location of the house on the lot. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:47 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to approve a variance in accordance with the Zoning By-Law section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 27.7 ft instead of the required 30 ft front yard setback at 498 Waltham Street. Submitted by: Dianne L. Cornaro, Administrative Clerk